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While the cost of document discovery has always been one of the most significant expenses of litigation, those costs have spiraled ever higher in the past decade with the increasing volume of information in the digital age. However, by leveraging the left side of the EDRM with early planning, the proper identification of people and resources, and the use of well-scoped tools and methods, costs can be controlled and the potential for sanctions can be avoided.
The e-discovery process takes place at an intersection between increasingly complex information technology and rapidly maturing information law. Doing this well ' achieving cost-effective, defensible and useful results ' requires coordination between IT professionals and lawyers. Poor communication by the participants turns e-discovery into crisis management ' driving up costs and causing unpleasant surprises. To help avoid such pitfalls, this article dispels some common e-discovery misconceptions.
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FILM DISPUTE DAMAGES/SUBPOENA QUASHED<br>FILM FINANCING DEALS/ARBITRATION CLAUSE<br>TV SHOW PRODUCTION/DEFAMATION CLAIMS
Cloud computing is being hailed as a next great hope for the entertainment industry, with consumers accessing content stored on third-party sites, rather than directly from the consumers' hard drives. But cloud computing is already used by many businesses, including those in the entertainment industry, to store their business records. This article examines issues in obtaining information from the cloud through litigation discovery.
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A buyer purchases certain assets and assumes certain liabilities of a seller under an asset purchase agreement. However, after the transaction closes, the buyer files for bankruptcy under Chapter 11 of the Bankruptcy Code and eventually rejects the asset purchase agreement. From a deal lawyer's perspective, the issue is: What impact does the bankruptcy filing and the contract rejection have on the carefully drafted, thoroughly negotiated asset purchase agreement?
This article reviews equipment finance negotiations in terms of general negotiating rules and advice for lawyers and their clients.
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With the enactment of 100% bonus depreciation under the "Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010," many companies with active Like Kind Exchange programs are wondering whether it makes sense to suspend their LKE programs for the balance of 2011.